he wylleth to be obserued for euer more stedfastely inâ—yolably of all his subiectes aswell of hyghe as of lowe degree ¶ The fyrst Chapiter UUhere as at the tyme of an insurreâ—â—yon late moued within this realme and lykewyse after many great men and dyuerse other refusynge to be iustefyed by the kyng and his court lyke as they ought were wont in the tyme of the kynges noble progenitours also in his tyme â–ª but â—oke great ponyshmentes dystresses of theyr neyghbours of other vntyl they had ameÌ„des raunsom at theyr owne pleasure And further som of them wold not be iustefyed by the kynges offycers nor wolde not suffre them to make delyuere of suche dystresses as they had taken of theyr owne auctorite It is prouyded agreyd grauntyd that all persones aswell of hyghe as of lowe estate shall receyue iustyce in the kynges courte And none from hensforth shall take any such dystres of his owne auctoryte without award of our court though he haue damage or â—â—urye wherby he ought to haue amendes of his neyghbour other hygher or lower And vpon the foresayd artycle it is prouyded and graunted that if any from hensforth take such dystresses of his owne auctorite without awarde of our courte as be â–ª fore is sayd and be conuycte therof he shal be ponyshed by raunsome and that accordyng to the trespas And lykewyse if one neyghbour take a dystres of another without awarde of our court wherby he hath damage he shall be ponyshed lykewyse and that after the quantyte of the trespas And neuertheles suffycient and full amendes shal be made to them that haue sustayned losse by suche dystresses ¶ The .ii. Chapiter MOrcouer none of what estate so euer he be shall dystrayne any to come to his courte whiche is not of his fee or haue no iurisdiccyon ouer hym by reason of his hundred or baylewyke nor shall take no dystresses out of the fee or place where he hath no baylewyke nor iurisdyccyon And he that offendyth agaynste this statute shall be ponyshed in lyke maner and that accordynge to the quantyte of the trespas ¶ The .iii. Chapiter IF any of what estate so euer he be wyll not suffer suche dystresses as he hath taken to be delyuered by the kynges offycers after the lawe and custome of the realme or wyll not suffer somons attachementes or execucions of iudgementes gyuen in the kynges court to be done he shal be ponyshed in maner afore sayd as one that wyl not obey the lawe And if any of what estate so euer he be dystraune his tenaunt for seruyces and customê beyng due vnto hym or for any other thyng wherby the lorde of the fee hath cause to dystrayne and after it is found that that same seruyces are not due the lorde shall not therfore be ponyshed by raunsome as in the cases afore sayd if he do suffer the dystresses to be delyuered accordyng to the law and custome of the realme but shal be amerced as hytherto hath ben vsed â–ª the tenaunt shall recouer his damages agaynste hym ¶ The .iiii. Chapiter NOne froÌ„hensforth shall cause any dystres that he hathe taken to be dryuen out of the countye where it was taken And if one neyghbour do so to an other of his owne auctoryte without iudgemeÌ„t he shal be raunsoned as aboue is sayd as for a thynge done agaynste the peaâ—e Neuertheles if the lorde presume so to do agaynste his tenaunt he shal be greuously ponyshed by amercyment onely Moreouer the dystresses shal be reasonable and not to great And he that taketh great and vnreasonable dystresses shal be greuously amerced for the excesse of suche dystresses ¶ The .v. Chapitre THe great chartour shal be obserued in all his artycles aswell in such as pertayne to the kyng as to other that shal be inquered afore the iustyces errant in theyr iourneys and afore the sheryfeâ— in theyr countyes when nede shal be And wryttes shall be frely graunted agaynste them that do offende before the kynge or the iustyces of the bench or be fore iustyces errant then they come into those partyes lykewyse the chartour of forestes shal be obserued in all his artycles and the offenders when they be coÌ„uyete shal be greuously ponyshed by our soueraygne lorde the kynge in fourme aboue mencyoned ¶ The .vi. Chapiter AS touchyngr them that vse to infeâ—â—e theyr eldyst sones and heyres beyng within age for to defraude the lordes of the fee of theyr wardshyps It is prouyded and agreyd that by occasyon of any such feffement no chyef lord shall lâ—â—e his warde Moreouer of them that fayne â—aâ—se feffementes of theyr landes which they wold lâ—sse for terme of yeres for to defraude the chyef lordes of theyr wardes And it is conteyned in the feffementes that they are satysfyed of thoâ—e seruy 〈…〉 vnto them vntyll a certayne terme so that if such feffees are bounde at the sayd terme to pay a certayne sum to the value of the same landes or fer aboue so that after such terme the lande shall retourne to them or to theyr heyres because no man wylde contenâ—â—o holde â—â— vpon the pryce It is prouyded and agreyd that by such fraude no chyef lord shall lese his warde neuertheles it shall not be lefull to them to dyssease suche feffees without iudgement but they shall haue a wrytte for to haue such a warde restored vnto them and by the wytnesses contayned in the dede of feffement with other fre and lawfull men of the countre and by the value of the lande by the quantyte of the same payable after that terme it shal be tryed whyther such feffementes were made vpon confydence or by colusyon to defraude the chyef lordes of the fee of theyr wardes And if the chyef lordes in such cases recouer theyr wardes by iudgement the feffees shall neuertheles haue theyr accyon to recouer suche terme or fee whiche they had therin when the heyres come to theyr lawfull age And if any chyef lordes do malycyously implede suche feffees faynynge this case where the feffementes were made lawfully vpon truste then the feffees shall haue theyr damages awarded and theyr costes whiche they haue sustayned by occasyon of the foresayd plee and the playntyfes shal be greuously ponyshed by amercyment ¶ The .vii. Chapiter IN a comon plee of warde if the detorceours come not at the great dystrâ—es then the sayde wrytte shal be renewed twyse or thryse as it may be with in the moyâ—e of the yere folowynge so that euery â—yme the wrytte shal be red in the full shyre if the deforceour be not founde before and there openly be denounced that he maye come at the daye lymytted then if he be absent hymselfe so that he come not to aunswer within the sayde haâ—fe yere nor the sheryffe can not gette his body to haue it before our iustyces to aunswere accordynge to the lawe and custome of the realme then as a rebell he shall lese the season of
yere after the same yerâ— And so euery lorde after the neâ—t lorde immedyate shall haue the space of halfe a yere for to demaunde it successyuely vntyll it come to the kynge for whome at length by defaute of the lordes the lande shall be inquered to challenge the iurrors euery of the chyef lordes shal be admitted And lyke wyse for the kyng they that wyll challenge and after the iudgement gyuen the lande shall remayne in the kynges handes vntyll the lande be gotten by the demaundant or som other chyef lorde the sheryf shal be charged to aunswere therfore at the eschequer ¶ The .xxxiii. Chapiter FOr asmuche as many tenauntes sette vp crosses or cause to be sette vp in theyr handes in preiudyce of theyr lordes so that the tenauntes shulde defende themselues agaynste theyr lordes by the pryuylege of templars and hospytelers It is ordeyned that suche landes shal be inquered vpon for the kynge and the chyef lordes in lyke maner as is prouyded for landes alyened in mortmayne ¶ The .xxxiiii. cha pytre IT is prouyded that if any man froÌ„hensforth do rauyshe any woman maryed mayde or other where she dyd not consente nether before nor after he shall haue iudgement of lyfe and membre And lyke wyse where a man rauyssheth a womaÌ„ maryed ladye damoysell or other with force although she coÌ„sent afterward he shall haue such iudgemeÌ„t as before is sayde if he be attaynte at the kynges sute for the kynge shall haue the sute and for wymmen caryed awry with the goodes of theyr husbandes the kynge shall haue the sute for the goodes taken away and if the wyfe wylfully forsake her husbande and go away and coÌ„tynue with her aduouter she shall be barred for euer of accyon to demaund her dower that she ought to haue of her husbaÌ„des landes if it be proued agaynst her eâ—cept that her husbande wyllyngly and without cohercyon of the churche reconcyle her and suffer her to dwel with hym in which case she shal be restored to her accyon he that caryeth awaye a nonâ—e from her house although she consent he shal be pâ—nished by thre yeres imprysonment and shall make conuenyent satysfaccyon to the house from whens she was taken and neuertheles shal be raunsomed at the kynges wyll ¶ The .xxxv. Chapitre COncernyng chyldren malys or femalys whose mariage belongeth to another taken and caryed awaye if the taker haue no ryght in the maryage though afterwarde he restore the chylde vnmaryed or els paye the maryage he shall neuertheles be ponyshed by two yeres imprysonment and if he do not restore or do marye the chylde after the yeres of consent and be not able to satysfye for the maryage he shall abiure the realme or haue perpetual imprysonmeÌ„t therupon the playntyf shall haue such a wrytte St A. fecerit â—esecurum de clamore suo c. tunc pone per vadium c. B. quod sit coraÌ„ iusticiariis nostris c. ostensur quare talem heiedem infra eta tem existeâ— cuius maritagium ad ipsum pertinent tall loco inuenit rapuiâ— et abduxit contra voluntatem ipsius A. et coÌ„tra pacem nostram â–ª c. And if the heyre be in the same countre then this clause muste be added Et diligenter inquiras vbi ille heres sit in balliua tua Et ipsum vbicunque inuenius fuerit capias et saluo et secure custodias ita quod cum habeas coraÌ„ preâ—atis iusticiatus nostris ad prefaâ—um terminum ad reddendum cui predictorum A. et B. reddi debeat And sute shal be made agaynste the partye defendant vntyll he come in by dys tresse if he haue wherof he may be dystrayned And if he wyll not be iustefyed he shal be outlawed for his contumacye And if the heyre â—e maryed or caryed in another countye then a wrytte shall be directed â—o th sheryt of the same shyre in this fourme Questus est nobis A. quod B. nuper talem heredem infra et atem et in custodia sua existenÌ„ tali loco in comitatu tali rapuit et de comitatu illo ad talem locum in comitatu tuo abduxit contra voluntatem ipsius A. et contra pacem c. Et ideo tibi precipimus quod predictum heredem vbicunque cum in balliua tua inuenire poteris capias et saluo et secure eum custodias ita quod cum habeas coraÌ„ iusticiarus nostris c. tali die quâ—m idem A. habet versus predictum B. ad reddendum cui de iure reddi debeat And if the heyre happen to dye before he be restored or afore he can be founde the plee shall passe betwene them neuertheles vntyll it be tryed who ought to haue had it if it had ben lyuenge And the rauyshour shall neyther be eased nor excused of the ponyshement aforesayde by the death of the heyre whome he dyd witholde by wronge durynge his lyfe And if the playntyfe dye before the plee tryed if the ryght belonge to hym by reason of his propre fee the plee shal be resomoned at the sute of the heyre of the playntyfe and the plee shall passe in due ordre but if the ryght belonged to hym by another tytle as by a tytle of gyfte sale or other lyke then the ple shall be resomoned at the sute of the executours of the playntyf and the plee shall passe as before is sayd In lyke maner if the defendaunt dye before the plee be tryed or the heyre be restored the plee shall passe by resomons betwene the playntyf his heyres or executours and the executours of the defendaunt or his heyre if the executours be not suffycyent to satysfye for the value of the maryage after as it is contayned in other statutes but not as to the payne of imprysonmeÌ„t for none ought to be ponyshed for the offense of another In lyke maner when a plee hangeth betwene partyes for the warde of lande or of an heyre by the comon wrytte that begynneth Precipetall c. quod reddat c. resomons shal be made betwene the heyres and executors of the playntyf â–ª and lykewyse the heyres or executours of the defendaunt if death preuente any of the partyes afore the plee be determyned and when they haue passed vnto the great dystres a daye shal be gyueÌ„ within which .iii. shyre courtes may be holden at the leste in euery of whiche open proclamacyon shal be made that the deforceour shall come into the benche at a daye coÌ„tayned in the wrytte to aunswere the playntyf at which daye if he come not and the proclamacyon be so testefyed ones twyse or thryse the iugemeÌ„t shal passe for the playntyf sauyng the ryght of the defendant if afterwarde he wyll clayme it In lyke maner it shal be done in a wrytte of trespas when any complayneth hymselfe to be putte from such wardshypes ¶ The .xxxvi. cha FOr asmuche as lordes of courtes and other that kepe courtes and stewardes
or to do as is contayned in the wrytyng or leasse It is establyshed that after the two yeres passed the lessour shall haue accyon to demanude the lande in demeane by a wrytte out of the chauncetye And if he agaynst whom the lande is demaunded come before iudgement and paye the atretages and the damages fynde sutetye such as the courte shall thynke suffy â–ª cyent to paye fromhensforth as is contayned in the wryttynge of his lesse he shall kept the lande And if he tarye vntyl it be recouered by iudgement he shal be barred for euer after ¶ The .v. Chapiter IT is prouyded also that a man froÌ„hensforthe shall haue a wrytte of waste in the chauÌ„cery agaynst hym that boldeth by the lawe of Englande or otherwyse for terme of lyfe or of yeres or a woman that holdeth in dower And who that is attaynted of waste shall lese the thynge wasted and moreouer shall recompence thryse so much as the waste shal be tared at for waste made in the tyme of wardshyp shal be done as is contayned in the great chartour the seconde chapitre that is to saye that he which dyd waste durynge the wardshyp sholde lese the warde it is agreyd that he shall recompence the heyre for the damages of the waste if so be that the wardshyp loste do not suffyse for the damages before the age of the heyre of the same warde ¶ The .vi. Chapiter IT is prouyded also that if a man dye hauyng many heyres of whoÌ„ one is son or doughter brother or suster nephew or nece and the other be of a further degre all the heyres shall recouer fromhensforth by a wrytte of mortdauncetour ¶ The .vii. Chapiter ALso if a woman sell or gyue in fee or for terme of lyfe suche lande as she holdeth i dower It is ordeyned that the heyre or he to whom the land ought to retourne after the death of suche woman shal immedyatly recouer by a wryt of entre in the chauncery ¶ The .viii. Chapiter IT is prouyded also that sheryfes shall plede plees of trespas in theyr countyes as they haue ben accustomed to do and that none froÌ„ hensforth shall haue wryttes of trespas before iustyces without he swere by his fayth that the goodes taken away were worth .xl. â— at the least And if he complayne of betyng he shall swere by his fayth that his playnâ— is true of plees of mayhem a man shall haue his wrytte as before hath ben used And it is agreyd that the defendauntes in such plees shall make theyr attorneys where appeall lyeth not so that if they be attaynted in the absence of the partye the sheryffe shal be commaunded to take them and shall haue lyke payne as the partyes shulde haue had if they had ben present at the iudgemâ—nt gyuen And if the playntyfes fromhensforthe in suche trespas cause themselfe to be essoyned after the fyrst appataunce day shal be gyuen them vnto the comyng of the iustyces errauntes and the defendauntes in the meane tyme shal be in peace in suche plees and other where as attachemeÌ„tes and dystresses do lye And if the defendaÌ„t â—ssoyâ—e hymselfe of the kynges seruyce and do not brynge his warraunte in at the day gyuen hym by the essoyne It is prouyded that he shall recompence the playntyf damages for his iourney .xx. â— or more after the discrecyon of the iustyces and at the leaste shal be greuously amerced vnto the kynge ¶ The .ix. Chapiter IT is prouyded also that no wrytte shal fromhensforth issue out of the chauncery for the death of a man to inquere whyther he were stayne by mysfortune or in his defence or otherwyse without felonye And if he be in pryson before the comyng of the iustyces errauÌ„tes assygned to the gayle delyuere putteth hymselfe before them for good and pll And if it be foundeÌ„ by the countre that he dyd it in his defeÌ„ce or by mysfortune then the iustyces shall do the kynge to wyte therof and the kynge shall take hym in his grace if it please hym It is prouyded also that no appeal shal be abated so sone as they haue ben but if the appellour declare the dede the yere the daye the howre the tyme of the kyng the towne where the dede was done of whose arme he was slayne the appeal shall stand in effect and shall not be abated for defaute of freshe sute wherby the partye shall sue within the yere and the daye after the dede done ¶ The .x. Chapiter UUhere as it is contayned in the statute of the kynge that nowe is that two parcenexs or two that holde in comen maye not forche by essoyne after that they haue one tyme appeared in that courte it is prouyded that the same be obserued aepte there where a man and his wyfe be impleded in the kynges court ¶ The .xi. Chapitre IT is prouyded also that if a man lesse his landes for terme of yeres within the cyte of London and he to whome the freholde belongeth causeth hymselfe to be impleded by collusy oÌ„ and maketh defaute after defaute or cometh into the courte and gyueth it vp for to make the termour lese his terme and the demauÌ„dant optayneth the cause so that the termour may recouer by wryt of couenaunt the mayer and the bayllyffes maye inquere by good vye we in the presence of the termour and of the demaundant whyther the demaundant moued his plee vpon good ryght that he had or by collusyon and fraude to make the termour lese his terme and if it be founde by the inquest that the demaundant moued his plee vpoÌ„ good ryght that he had the iudgement shal be gyuen forth with and if it be founde by inquest that he impleded hym by fraude to make the termour lese his terme then shall the termour entdye his terme and the execucyon of iudgement for the demaundant shal be suspended vntyll the terme be expyred And in lyke maner it shall be of equyte before iustyces in such case if the termour do challenge it afore the iudgement gyuen ¶ The .xii. Chapitre IT is prouyded also that if a man be impleded for lande in the same cyte and doyth vouche a foreyne to warrauntye he shall come into the chauncery and haue a wrytte to somon his war rauntour at a certayne daye before the iustyces of the benche and another wryt to the mayer and sheryfes that they surceasse in the matter that is before them by wrytte vntyll the matter of warrauÌ„tye be determyned before the iustyces of the benche And when the warrauntye shal be on s determyned before the iustyces of the benche then shall the partye warraunted be commaunded to go in to London to aunswer vnto the chyef plee and a wrytte shal be awarded for the demauÌ„daÌ„t by the iustyces vnto the mayer and sheryfes that they passe further vpoÌ„ the plee And if the demaundant recouer agaynste the tenaunt the tenaunt shall come before the iustyces o â–ª the
landes tenementes to the yerely value of .xl. sÌ„ And lykewyse sauyng that before iustyces erraunt a holde comen plees in theyr â—â—rcuyte and also in cytes boroughes and other merchaunt townes where recognysaunces assyses iuryes do passe vpon any matter touchyng the sayd cytes borughes other townes a wrytte shal be made lyke as it hath ben accustomed in tymes passed Rex c. Quia ad coÌ„muneÌ„ vrilitatem populi nostri regni de communi consilio â—iusoem regni statuerimus ne aliquis ponatnr in iuratis assisis seu recognitionibê° aliquibus extra comitatuÌ„ suuÌ„ propriuÌ„ faciendis nisi habeat terras aut tenemeÌ„ta ad valenciaÌ„â—entum solid per annum ad minus uec infra comitaâ—uÌ„ suum nisi habeat terras aut tenementa ad valeÌ„ciam .xl. solid per annum ad minus prout in statuto illo quod tibi mittimus sub sigillo nostro et quam in omnibus et singulis articulis suis de cetero obseruari volumus et firmiter teneri plenius coÌ„tintur tibi precipimus et firmiter iniungimus quod statutum illud in pleno comitatu tuo in ciuitatibus burgis et villis mercatoribus et aliis locis publicis solempnibus in balliua tua vbi necesse fuerit et expedire videris legi et publice proclamari et illud in omnibus et singulis suis articulis quantum in te est obseruari facias et firmiter teneri Et hoc sicut graue damnum tuum vitare volueris nullo modo omittas Teste c. ¶ Here endyth the statute of impanellyng assyses ¶ Artycles of inquysicyon vpon the statute of wynchestre made in the tyme of kyng Edwarde the fyrste THe maner of inqueryng vpoÌ„ the statute of wynchestre wheÌ„ it is obserued and when not and of such as haue obserued the sayd statute and of suche as haue not suffred the contentes therof to be obserued Of felonyes robboryes commytted after Easter the. â—iii yere of the reygne of kyng Edwarde in what maner suche felonyes were done where and by whom and the sutes of them by inquestes accordyng to the tenor of the statutes made theruppon afterwarde And if the sheryf haue aunswered for the bodyes of suche offendours or not Also if the gates of the cytes or great townes were shytte from the tyme of the sonne goynge downe vntyll the sonne rysyng And if any straungyers were lodged in the suburbes or in the out partyes of the cyte for whome theyr hostes wyll not aunswere And also howe bayllyffes and other offycers of townes haue made inquerye therof And if watches haue ben kept after as it is contayned in the sayd statute or not And howe the watchmen haue kept theyr waâ—che and if the kynges hyghe wayes from one merchaunt towne to another be inlarged aswell in the kynges owne townes as els where accordynge to the statute and if they be not inlarged to inquere what wayes and where they be and who ought to haue inlarged them And of suche as let such inlargementes aswell in parkes as in other woodes Also if all betwene the age of .xv. and .lx. be sworne to kepe the peas Also if they haue weapoÌ„s in theyr houses accordynge to the quantyte of theyr landes goodes for mayntenauÌ„ce of the peace accordynge to the statute And also if constables do make vyew of armour in due maner and of other thynges belongynge to theyr offyce or not Also if sheryfes hundredars bayllyfes of lybertes and fosters do come at hue crye leuyed and if they make pursute for kepynge the kynges peas accordynge to the statute or not ¶ Here ende the artycles of inquerye vpon the statute of wynchestre ¶ The statute of circumspecte agatis made the .xiii. yere of Edwarde the fyrste THe kynge to his iudges sendyth greatynge Do you circumspectly in all matters coÌ„cernynge the byshop of Nor wych and his clergye not ponyshyng them if they holde pice in court chrystiane of such thynges as be merely spirituall that is to wyte of corteccyons enioyned for dedly synne as formcacyoÌ„ aduowtrye and such lyke for the which many tymes corporall penaunce or pecunyarye is inioyned specyally if a freeman be conuyet of such thynges Also if prelates do ponyshe for leuyng churcheyardes vnclosed or for that the church is vncouered or not conuenyently decked in which cases none other penaunce can be inioyned but pecunyary Also if a persone demaunde of his paryshens oblacyons and tythes due and accustomed or if one persone plede agaynst another for tythes more or lesse so that the .iiii. parte of the value of the benefyce be not demaunded Also if a persone demaunde mortuaryes in places where a mortuarye hath vsed to be gyuen Also if a prelate of any church or a patrone demauÌ„de a pensyon due to themselues All such demaundes are to be made in a spirituall court And for layeng vyolent haÌ„des on a preste and in cause of dyffamacion it hath ven graunted alredy that it shal be tryed in a spirituall court when money is not demaunded but a thynge done for ponyshement of synne and lykewyse for breakyng an othe In all cases afore rehersed the spiritual iuge shall haue power to take knowledge not withstanding the kynges prohybicyon ¶ Here endeth the statute of circumspecte agatis ¶ Artycles agaynst the kynges ê“hy UNder what fourme shal lay meÌ„ purchase prohybicioÌ„s generally vpoÌ„ tythes oblacyons obuencyons redemyng of penaunces mortuaryes vyolent handes layenge on a clerke or laye brother and in causes of dystamacyon in whiche cases spirituall penaunce must be inioyned The kynge aunswered to these artycles that in ththes oblacyons obuencyons and mortuaryes when they be pleded as before is sayd the kynges prohybicyon doyth not lye And if a clerke or a persone relygyous doo sell his corne beynge in his barne or otherwhere to any man for money if the pryce therof be demaunded afore a spirituall iudge the kynges prohibycioÌ„ doyth lye for by the sale the spirituall are become temporal so tythes passe into catelles Also if debate hange in a spirituall courte for the ryght of tythes hauyng his origynal froÌ„ the ryght of the patronage and the quantyte of the same tythes do passe the .iiii. part of the value of the benefyce a prohibycion shall lye Also if a prelate enioyned penaunce pecunyarye to any man for his synne if the money be demaunded afore prelates a prohibycion shall lye Also if any laye vyolente handes on a clerke or lay brother for the peace broken amendes shal be made before the kynge for the excoÌ„muny cacy on before a byshop or prelate And if a corporall penaunce be enioyned whiche the offendour wyll redeme by gyuyng money to the prelate or the partye greued a prohibycioÌ„ shall not lye In causes of diffamacyon prelates may frely correcte the kynges prohibycyon notwithstandyng fyrst enioynyng a corporal penaunce which if the partye wyll redeme the prelate may lawfully receyue the money thoughe a prohibycion be shewed
taken and imprysoned for murdre felonye and such as be not repleuysable contrary to the fourme of our statute made at westmynster of persones repleuysable and not repleuysable wherby such traÌ„sgressours not repleuisable be let out and for to delyuer them deceytfully before the comyng to the iustyces erraunt or other assigned for theyr delyuerauÌ„ce they procure by themselues and by theyr frendes iurours of the countre and some they threate wherby aswell for feare of the sheryfes other your let thym at large by suche pleuyn as for feare of the theues beyng so delyuered before iustyces assygned for gayle delyuerees suche felonyes and murdres are conceled and so beyng conceled remayne styll vnponyshed We for vâ—â—â—re of our realme for the more assured conseruacion of our peace haue prouyded ordeyned that iustyees assigned to take assyses in all shyres where they take assyses as it is ordeyned incoÌ„tyneÌ„t after the assyses taken in the shyres shall remayne both togyther if they be lay And if one of theÌ„ be a clerke then one of the more discrete knyghtes of the shyre beynge assocyate to hym that is a lay man by our wrytâ—e shall delyuer the gayles of the shyres as wel within the lybertes as without of al maner of prysoÌ„s after the fourme of the gayle delyueres of those shyres before tymes vsed And the same iustyces shall inquere then â—â— sheryfes or any other haue let out by a pleuyn prysoners not repleuyable or haue offended in any other thynge contrarye to the fourme of the foresayd statute lately made at westmynster they shall refourme and â—onyshe them in all thynges accordyng to the fourme of the statute aforesayd ¶ The .iii. Chapâ— ALso where we haue prouided that none shal be impanelled any wher out of the shyre where he is dwellyng in recognysaunces inquestes and iuryes that hath lesse then C. sÌ„ of land or rent wherby aswell they that haue more landes by to often apperynge aswell in our eschequer as before our iustyces of eyther benche are moche impoueryshed we therfore consyderyng the intolerable damage of our people not onely for the dyscharge of suche iurours but also for the more spedye mynistracion of iustyce to all partyes suyng in our courte haue prouyded and ordeyned that inquestes recognysauÌ„ces determynable before iustyces of eyther benche fromhensforthe shall be taken in tyme of vacacyon before any of the iustyces before whome the plee is brought beynge assocyate to one knyght of the same shyre where such inquestes shall passe oneles it be an inqueste that requyreth great examinacioÌ„ And so from hensforth in takyng suche inquestes the iustyces shal do as to them shall seme moste expedyent for the comoÌ„ v 〈…〉 e of our realme not withstandyng the statute lately made at westmynster vpon the takyng of such inquestes contaynyng that if any inquestes be taken coÌ„trary to the fourme of the sayd statute they sholde be of none effect And therfore we commaunde straytly chargynge the that incontynent without further delay thou shalt cause to be redde and publysshed in cytes borughes merchaunt townes and other solepmne places through out thy lyberte where thou shalt thynke moste necessarye all the artycles about sayd the which we haue graunted wyllyng them to be kept and obserued stedfastely and without contradiccyon and that thou notefye and declare all synguler the premysses to all our lyege people without delaye wytnesse cÌ„ ¶ Here endyth the statute of leuyeng fynes ¶ The statute of Carlyll made the xv yere of Edwarde the secounde THe kynge vnto the iustyces of his bench greatynge Where as of late we haue ordeyned that all suche fynes as are to be leuyed in our court be lawfully leuyed whiche we wyll in no wyse to be broken or to be adnulled of theyr power we haue sente vnto you our mynde in wrytyng firmely to be obserued that is to wyte that aswell the partyes demaundant or playn tyf as the tenantes or defendantes that wylyelde or knowledge ryght of landes or tenemeÌ„tes vnto other in plees of warrauntye of chartour couenaunt other wherupon fynes are to be leuyed afore you before such fynes do passe the parties shal appere personally so that theyr age idyocye or any other defaute beyng in them maye be iudged and dyscerned by you prouyded alway that if any persone agyd or decrepyte or impotent by casualtye be so oppressed holden that by no mean he is able to com before you in our courte then in suche case we wyll that two or one of you by assent of the resydue of the benche shall vysyte the partye so dyseased and shall receyue his recognysaunce vpon the plee and fourme of plee that he hath in our court wherupon the same fyne ought to be leuyed and if there go but one he shal take with hym an abbotte a pryour or a knyght a man of good fame and credence and shall certefye you therof by recorde so that all thynges incydente to the same fyne beynge eramyned by hym or them the same fynes accordyng to our former ordynaunce may be lawfully leuyed yet we wyll not that any of our barons of theschequer or our iustyces shall admyâ— any attorneys but onely in plees matters that passe before them in the benches and in places where they be assygned by vs. And the same power of admyttynge attornes we prohybytte denye to the clerkes and seruauntes of the sayd barons iustyces And do ordeyne that if any attourneys be admitted here after by any of the persones aforesayd theyr admyssyon shal be of none effecte Reserued alway in the chauncellour for the tyme beyng his authoryte in admyâ—tyng attorneys accordyng to whose discrecyon they shal be admytted to out those iustyces as heretofore hathe ben obuerued in the admyssyon of attorneys we wyll also that this our ordynaunce shall take effecte and begynnynge at the vtas of the Trinite nexte insuyng Gyuen in our parliameÌ„t at Carlyll the .xv. yere of our reygne ¶ Here endeth the sta of Carlyll ¶ The statute of defendyng ryght made the .xx. yere of Ed .i. WHeÌ„ that any purchaseth a wrytte agaynst the tenauntes by the curtesye in taylle in dower for terme of lyfe or of yeres and the demaundaÌ„t suyth so ferre that the landes be in maner recouered wherupoÌ„ another comyth in before iudgement gyueÌ„ sayth that he hath fee ryght in those laÌ„des prayeth the court that in asmuch as he is com before iudgemeÌ„t he may be receyued to defend his ryght to make aunswere vnto the demaundant therof by force of a certayne statute lately made by the kyng that now is at westmÌ„ wherby aswell such as had no ryght as they that had ryght oftentymes in the case afore mencyoned falsely and in deceyte of the courte dyd â—om in and pray to be receyued to make aunswere to the inteÌ„t that theyr admyssyon myght prolonge the demaundant froÌ„ the attaynyng vnto iudgement and season of his lande and for to
cause those demaundantes to replede of newe wher by such demaundantes are greatly deferred in the case aforesayd for to recouer theyr ryght in the kynges courte by reason of such malyce aswel by mystakyng of the sayd statute of for any other cause iuste and reasonable And this is vsedâ— founde dayly before our iustyces in consyderacyon wherof our soueraygne lord the kynge for to withstande all such malyce in the foresayd case and intendyng to prouyde a remedye therin in his full parlyament hath ordeyned and froÌ„hensforth commaundyth straytly to be obserued that is to wyte the moneday nexte after the feaste of the purificacyon of our lady the .xx. yere of his raygne that if any before iudgement in the aforesayd case cometh in by a colleraterall tytle â–ª and desyreth to be receyued before his receyte he shall fynde suffycient suretye â–ª as the courte wyll awarde to satysfyâ— the demaundaÌ„t of the value of the issueâ— of the landes so to be recouered from the daye that he is receyued to make aunswere vntyll the tyme that fynall iudgement be gyuen vpon the peticyon of the demaundant And if the demauÌ„dant recouer his demaunde the defendour shal be greuously amerced if he haue wherof And if he haue not he shal be imprysoned at the kynges pleasure And if he can proue his right to be as good as he afâ—â—r at such tyme as he was receyued he shal med go quyte Finis ¶ The statute of vouchers made the .xx. yere of Edwarde the fyrst WHere as the tenaunt in a plee reall heretofore had vouched one to warrauntye and therupon the demauÌ„dant wyl auerre that he nor none of his auncetours syns the tyme that the auncetour of the demaundant was seasyd was in possession of the sayd landes nother in demean nor in seruyce if the partye that is vouched be present and wyll warrauÌ„ â–ª tyse the lande frely vnto the tenauÌ„t such aucrremeÌ„t of the demaundant hath not ben vsed to be admytted except the partye vouched had ben absent and that by reason of a certayne statute of the kynges lately made amongest other statutes of westmynster fyrste wherfore our soueraygne lorde the kyng consyderyng the fraude deceyte and malyce and also his owne damage and dysherytynge of his crowne that in the sayd case hath many tymes happened in his courte and dayly doyth where as some holdynge of the kyng in chyef by an hole baronye in a ple hangyng before the iustyces of the benche vpon theyr demaunde do vouch partycularly knaues vnknowen strauÌ„gyers whiche they wyll brenge forth of whome neyther they nor theyr auncetours had neuer any thynge in the landes that they haue warraunted nor in any other landes or tenementes within his realme neyther in demean nor in seruyce as hath ben testefied by dyuerse of the kynges subiectes so that by suche cautell fraude and malyce the same tenauntes holdyng by an entyer baronye do defraude the kynge of the amercymeÌ„t that they shulde incurre if the demaundant shulde recouer agaynst them And lykewyse when such persons haue warraunted that is to wyte euery one for his porcion that he ought to warraunt he may defende hymselfe by the body of his seruauÌ„t procured and hyred by them that holde baronyes and so vpon one wrytte and one demaunnde there were two or thre wagers of batayâ—lâ—s the whiche was a ryght harde and a peryllous example for pore men in tyme commyng that shal be demauÌ„dantes agaynst greate and ryche men that wyll defende themselfes by the malyce aforesayd and the demauÌ„dant can not haue his auerrement against such warrauntours when they be vouched in fourme aforesayd because the warrauntours be present and wyl warrantyse frely by his comen couÌ„sell hath ordeyned and fromhensforth that is to say from the feaste of S Hyllarye the .xx. yere of his raygne he hath straytly commaudded that who so euer tenaunt do vouche and the demaundant wyll auerre in fourme before rehersed his aucrrement shal be admytted whyther the party vouched be absent or presence without any respecte therunto ¶ Here endeth the statute of vouchers ¶ The statute of yorke made the .xxi. yere of kynge Edwarde the fyrste FOr asmuch as much people of the realme of Englande Irelande hau heretofore manye tymes suffered greate myschyef damage dysherytaunce by reason that i dyuerse cases where the lawe fayled no remedye was purueyd And also for as muche as some poyntes of the statutes heretofore made had nede of exposycyon our soueraygne lorde the kynge desyrynge that ryght be done to his people at his parlyament holden at yorke the .iii. weke after the feaste of S. Myghell the .xiii. yere of his raygne by the assent of the prelates erles barons and the comynalte of his realme there assembled hath made these actes and statutes here folowyng the which he wylleth to be straytly obserued in his sayde realme and land Fyrst for dyuerse myschyefes that where tenauntes in an assyse of nouell dysseson myght not make attorneys heretofore it is agreyd that the tenauntes in assyses of nouell dysseson from hensforthe maye make attourneys yet the kynge intendyth not hereby that the tenauntes and defendauntes in assyses of nouell dysseson shall plede by bayllyfes at theyr owne pleasure as they haue done heretofore it is agreyd that when a dede reÌ„lesse acquytaunce or other wrytyng be denyed in the kynges courte wherin wytnesses be named processe shal be awarded for to cause such wytnesses to appere as before hath ben vsed so that if none of them come in at the great dystresse retourned or if it be retourned that they haue nothynge or that they can not be founde yet the takyng of the inqueste shal not be deferred by the absence of such wytnesses And if the wytnesses do come in at the greate dystresse and the inquest for some cause remayneth vntaken the wytnesses that come in shall haue lyke day gyuen them as is assygned for the takynge of the inqueste at which daye if the wytnesses do not appere the issues that were fyrst retourned â–ª vpon them shal be forfayte And the takyng of the inquest shall not be deferred because of theyr absence And for absence of wytnesses dwellynge within fraunchyses where the kynges wrytte origynall doth not lye the takyng of an inqueste shall not be deferred And where it is contayned in a statute made at westmynster the secound daye of Apryll the. xxvii yere of the reygne of the kynges father that nowe is that inquestes and recognysaunces taken before the iustyces of eche benche sholde be taken before any iustyce of the places accompanyed with som knyght of the shyre where such inquestes happe to be taken if they haue not nede of great examinacion And that in such inquestes the iustyces shall do as they shall thynke most expedyent for the weale of the realme the which statuteth a bettar declaration It is agreyd that inquestes and iuryes that happe to be taken hereafter in plees of lande that requyre not great